HUD Handbook 4350.3 § 6-9
House Rules (HUD Occupancy Handbook 4350.3 REV-1 CHG-4)
Operative Text
A. Overview
1. Developing a set of house rules is a good practice. By identifying
allowable and prohibited activities in housing units and common areas,
owners provide a structure for treating tenants equitably and for making
sure that tenants treat each other with consideration. House rules are
also beneficial in keeping the properties safe and clean and making them
more appealing and livable for the tenants.
2. The decision about whether to develop house rules for a property rests
solely with the owner, and HUD or the Contract Administrator’s review or
approval is not required. Owners, however, must be careful not to
develop restrictive rules that limit the freedom of tenants. If owners
develop house rules for a property, these rules must be consistent with
HUD requirements for operating HUD subsidized projects, must be
reasonable, and must not infringe on tenants' civil rights.
3. House rules are listed in the lease as an attachment to the lease. It is
important, however, to recognize that house rules do not replace the
lease.
4. House rules must not create a disparate impact on tenants based on
race, color, national origin, religion, sex, disability, or familial status.
B. Key Requirements
1. House rules must:
a. Be related to the safety, care, and cleanliness of the building or
the safety and comfort of the tenants;
Example – Possible Topics for House Rules
Safety and care of the building: Guest rules, locks and lost
keys, access to the front door, and security systems.
Cleanliness of the building: Trash disposal, littering, hallway
obstructions, and lobby rules.
Safety and comfort of tenants: Noise levels, fire safety, and
security.
b. Be compliant with HUD requirements;
c. Not circumvent HUD requirements;
d. Not discriminate against individuals based upon membership in
protected class;
e. Be reasonable.
(1) Reasonable house rules are within the bounds of common
sense. They are not excessive or extreme, and most
importantly, they are fair.
(2) *Figure 6-6* identifies examples of reasonable and
unreasonable house rules. The table does not include all
possible situations; therefore, owners must use their own
discretion to determine whether a house rule is reasonable
or not while developing house rules for their properties;
f. Comply with state and local requirements.
*Figure 6-6*: Reasonable versus Unreasonable House Rules
Reasonable House Rules Unreasonable House Rules
Requesting that all visitors sign in when entering Not allowing a visitor in a tenant’s apartment during
the building. nighttime.
Not allowing smoking in the common areas of the
building.
Asking tenants to turn sound equipment low after Asking tenants to turn the lights off after a certain
a certain time at night. time at night.
Asking all children under the age of 12 to be Asking all children under the age of 12 to be
accompanied by an adult resident when using accompanied by an adult resident at all times in the
building facilities. building.
NOTE: There are no statutory or regulatory provisions governing smoking in
assisted housing. HUD assisted properties are required to comply with applicable
state and local laws, which would include any laws governing smoking in
residential units. Owners are free to adopt reasonable rules that must be related
to the safety and habitability of the building and comfort of the tenants. Owners
should make their own informed judgment as to the enforceability of house rules.
2. Extended absence or abandonment. As part of a property’s house rules,
owners may establish rules specifying when tenants give up their right to
occupancy because of their extended absence or abandonment of the
unit. Under these rules, owners may initiate action to terminate tenancy
in response to an extended absence or abandonment of the unit by the
tenant or individual listed on the lease for that unit.
NOTE: Abandonment is distinguished from an absence from the unit by
the tenant’s failure to pay the rent due for the unit and failure to
acknowledge or respond to notices from the owner regarding the overdue
rent.
a. Owner discretion. The decision to establish rules regarding
extended absence or abandonment of a unit as part of a
property’s house rules rests solely with the owner.
b. Requirements and guidelines. If owners elect to establish such
rules, they must be consistent with the requirements and
guidelines listed below:
(1) Rules regarding extended absence and abandonment
must be consistent with state and local law.
(2) Guidelines for rules regarding extended absence from a
unit. Owners may establish a house rule defining
extended absence as the tenant being absent from the unit
for longer than 60 continuous days, or for longer than 180
continuous days for medical reasons. Owners may allow
exceptions for extenuating circumstances.
(3) Guidelines for abandonment of a unit. If abandonment of a
rental unit is not addressed by state or local law, owners
may establish a rule for declaring a unit abandoned. Rules
regarding abandonment must be consistent with state and
local law regarding nonpayment of rent, specify the actions
that the owner will take to contact the tenant, and describe
the handling and disposition or any tenant possessions left
in the unit.
3. Tenants conducting incidental business in their unit
Owners may establish house rules covering tenants who conduct
incidental business, such as computer work, limited babysitting, etc., in
their unit. The rules would deal with or prohibit such things as the:
a. Amount of traffic (both foot and motor vehicle) associated with
such incidental business income;
b. Amount of noise associated with such incidental income;
c. Prohibition of signs in unit windows;
d. Use of parking within the project grounds for such incidental
business use;
e. Hours such as incidental work could be performed if such
performance could disturb the rights or comfort of the neighbors;
and
f. Other such reasonable rules.
NOTE: Tenants who conduct incidental business in their unit and
receive incidental business income are not in violation of paragraph 13,
General Restrictions, of the Model Lease for Subsidized Programs.
4. House rules are listed in the lease as an attachment and must be
attached to the lease.
5. Owners must give tenants written notice 30 days prior to implementing
new house rules.
6. If HUD or Contract Administrator staff becomes aware (through routine
monitoring, site inspections, tenant complaints, etc.) that house rules
circumvent or conflict with HUD requirements (including civil rights and
Fair Housing), the owner will be required to modify the rules in order to
conform with HUD requirements.HUD Handbook 4350.3 REV-1 CHG-4 § 6-9 addresses the creation and limits of house rules in HUD-subsidized housing. Owners may voluntarily adopt house rules covering safety, cleanliness, and tenant comfort, but those rules must be reasonable, non-discriminatory, consistent with HUD requirements, and compliant with state and local law. House rules are attached to the lease but do not replace it, and tenants must receive written notice at least 30 days before any new rules take effect. Rules that create a disparate impact based on race, color, national origin, religion, sex, disability, or familial status are prohibited under this section.
Plain English — not legal advice.
Under HUD Handbook 4350.3 REV-1 CHG-4 § 6-9, adopting house rules is entirely at the owner's discretion, but once adopted, those rules must meet specific standards. Compliant operators typically ensure their rules are tied to building safety, cleanliness, or tenant comfort; do not discriminate against any protected class; and align with both HUD guidelines and applicable state and local law. Owners also attach finalized rules to the lease as a formal addendum and provide tenants with written notice at least 30 days before any new or amended rules go into effect. If HUD or a Contract Administrator identifies rules that conflict with HUD requirements during monitoring or inspections, the owner will be required to revise them.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Handbook 4350.3 REV-1 CHG-4 § 6-9 establishes that house rules in HUD-subsidized properties must be reasonable, non-discriminatory, and consistent with HUD's requirements, including Fair Housing obligations. Tenants are entitled to at least 30 days' written notice before any new house rules are implemented, and rules that create a disparate impact based on protected characteristics such as race, disability, or familial status are not permitted under this provision. Tenants who believe house rules violate these standards may raise the issue through a complaint to HUD or a Contract Administrator, or may seek guidance from a local tenant-rights organization familiar with subsidized housing regulations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 25, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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